2004 (2) TMI 242

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... her the Modvat credit of the duty paid on the inputs is available to M/s. Hindustan Everest Tools Ltd. as the process undertaken by them does not amount to manufacture. 2. Shri Virag Gupta, learned Departmental Representative, submitted that the respondents manufacture hand tools; that one of their finished goods is screw driver; that they purchased semi-finished screw driver from the outside pa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es. 3. Countering the arguments Shri V.R. Sethi, learned Advocate, submitted that after undertaking the various processes, the semi-finished screw driver is manufactured as a finished product and accounted for in RGI register, and subsequently it is cleared on payment of duty; that if the processes undertaken by them does not amount to manufacture, no Central Excise duty can be levied on them as .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rried out by the respondents are cleared on payment of duty. Once the Revenue is levying the Central Excise duty and collecting the same in respect of screw driver, it is not open to Revenue to claim that the processes undertaken by them do not amount to manufacture when the Appellants want to avail of the benefit of Modvat credit on the inputs. As per Section 3 of the Central Excise Act, duty of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X